Teen gets $1,000 after manhole damages car

Anne M. Amato

Updated 11:40 pm, Tuesday, February 26, 2013

SEYMOUR -- A town teenager is getting a financial reward after he said a Botsford Road manhole damaged his car, and he replaced the cover. He claims it caused $2,700 in damage to his 1995 Chevy pickup in late December.

The Board of Selectmen last week, in a 5 to 1 vote, approved the $1,000 "contribution" for Joshua Tilton, 18, of 82 Great Hill Road, even after it was determined the town had no liability in the matter. Selectman Gary Bruce, Tilton's neighbor, said he brought the matter to light at the Feb. 19 meeting because he felt Tilton deserved some compensation because, by replacing the manhole cover, he probably prevented other drivers from suffering a similar fate.

"I just brought the matter to light and the other members ran with it," Bruce said Tuesday. He abstained from voting on the motion that approved the funds.

"I felt it was the right thing to do," he said. "It didn't matter who did it, a neighbor, or any kid. My main concern was that a hazard had been mitigated."

First Selectman Kurt Miller agreed the action taken was unusual, but said the selectmen looked at the case "a little bit differently" because Tilton did get the manhole cover back on.

"We wanted to assist the young man by making a payment based on what the deductible (to repair the damage) would have been," Miller said Tuesday. He said that "regardless of the legal responsibility of the town, the town does have a responsibility for its residents."

Miller said that "it's important in these challenging economic times" that the town assist residents whenever possible.

"A thousand dollars is not a lot of money. It's a fair amount." Miller said the funds will come from the town's legal claims account.

"It's very generous of them and I'm thankful for that," said Tilton, who wasn't at the Feb. 19 meeting. "I'm a college student and really couldn't afford (the repair bill) right now."

During the meeting, Bruce said it was "unfortunate" that Tilton was "on the hook" for the entire repair cost. He added it was his "personal opinion" that selectmen should "do something."

"Define something," Miller said. Should it be half, a third or two-thirds of the total amount of damage, he asked selectmen. They eventually agreed on $1,000.

Town Attorney Rich Buturla said that because Tilton's claim was denied by the town's insurance carrier, that amount would have to be paid out of town coffers.

"It's your choice," he said, once again telling them they had "no legal obligation" in the matter. He also cautioned that approving the funds could create a "slippery slope."

Selectman Al Bruno, who opposed the motion, agreed. He said he'd "rather not open the door" for similar claims down the road, adding it would be like opening "Pandora's Box." He cast the dissenting vote.

Tilton, in the police incident report, said he was traveling south on Botsford Road, near Davis Road, on Dec. 26 when his pickup struck an open manhole with the left rear tire of his vehicle.

He said that his tire "went completely into the manhole" causing the rim to bend and his tire to push into the fender.

"Joshua's fender was dented and it appeared that his axle was bent permanently," the police report said. Tilton said he placed the manhole cover back onto the manhole prior to the police officer's arrival around 8:37 p.m. and that he also removed the damaged tire. Digital photos of the vehicle's damage and the manhole cover were included with the police report.

Tilton told the officer that the resident at 118 Botsford Road came out of his house and told him that the "manhole cover frequently gets knocked off by the plow trucks because it sticks up over the top of the roadway's surface."

However neither Miller nor Buturla were aware of any prior issues with the manhole cover, in particular that it had caused damage to any other vehicles.